Testifying in Arlen Specter's rebel judiciary committee hearing, five federal judges say Bush has crossed over into dictatorship territory without saying exactly that, unlike former Supreme Court Justice Sandra Day O'Connor who did say exactly that about Cheney/ Bush.
AP: Judges Back Bill Examining Domestic Spying
Five federal judges gave a boost Tuesday to legislation that would bring court scrutiny to the Bush administration's domestic spying program.
At a Senate Judiciary Committee hearing chaired by Sen. Arlen Specter (news, bio, voting record), R-Pa., the judges reacted favorably to his proposal that would require the secretive Foreign Intelligence Surveillance Court to conduct regular reviews of the four-year-old program.
Click below for one of these judges amazing quotes which is just as good as O'Connor's "dictatorship" accusation thrown at Cheney/ Bush:
If you ever hear Bush lying that he needs flexibility or timeliness to spy on his political opponents, just ignore him. Bush's cronies at Justice won't even acknowledge what their definition of "terrorist" is: that description might include people with long hair who hold up a sign saying "THIS BUSHIT SUCKS!"
George Bush, while attempting a silent coup on America and the US Constitution, an obvious warmonger liar, just wants to spy on his political opponents like Richard Nixon did 28 years ago and whose spying on political opponents INITIATED THIS LAW. They are lying when they claim "inherent power." LYING:
The judges stressed that they were not offering their views on the NSA operation, which they said they knew nothing about.
But they said the Foreign Intelligence Surveillance Court has operated capably for 28 years and is fully able to protect civil liberties and give the administration all the speed and flexibility it needs to execute the war on terror.
The administration contends the president has inherent war powers under the Constitution to order eavesdropping without warrants.
"I am very wary of inherent authority" claimed by presidents, testified U.S. Magistrate Judge Allan Kornblum. "It sounds very much like King George."
As to the Specter hearing, here's the gist of that (poor poor Bush lacky Sen. Roberts of Kansas got passed over by the Senate Parliamentarian as far as jurisdiction over the FISA boondoggle):
The hearing Tuesday focused on Specter's bill. A rival approach, drafted by Senate Judiciary Committee member Mike DeWine of Ohio and three other Republicans, would allow the government to conduct warrantless surveillance for up to 45 days before seeking court or congressional approval.
Senate Intelligence Committee Chairman Pat Roberts, R-Kan., expressed interest in handling legislation on the NSA effort. But the Senate Parliamentarian gave Specter jurisdiction over his bill and DeWine's.
Senate Judiciary Committee member Russ Feingold, D-Wis., has urged censure of the president for authorizing the warrantless surveillance.
Under it, the NSA can monitor international calls -- when one party is inside the United States -- without first getting court approval. The NSA has been conducting the surveillance when calls and e-mails are thought to involve al-Qaida.
The others testifying before Specter's panel were U.S. District Judges Harold Baker of Urbana, Ill.; Stanley Brotman of Camden, N.J.; John Keenan of the southern district of New York City; and William Stafford of Pensacola, Fla.
The careers of all five judges have been steeped in the work of the secret surveillance court.
Let's end this diary with another important excerpt, right from the FISA law:
Notwithstanding any other law, the President, through the Attorney General, may authorize electronic surveillance without a court order under this subchapter to acquire foreign intelligence information for a period not to exceed fifteen calendar days following a declaration of war by the Congress.
Yes, Bush must go to the FISA court even when at war.
[Update: 9:30 EST NYTimes runs story:
Judges on Secretive Panel Speak Out on Spy Program
Judge Harold A. Baker, a sitting federal judge in Illinois who served on the intelligence court until last year, said the president was bound by the law "like everyone else." If a law like the Foreign Intelligence Surveillance Act is duly enacted by Congress and considered constitutional, Judge Baker said, "the president ignores it at the president's peril."]